- (1.) VIJAY Kumar Verma, J. This Appeal preferred under Section 374 (2) of the Code of Criminal Procedure (Cr. P. C. for short) is directed against the judgment and order dated 28-4-2006 passed by Sri V. P. Kandpal, the then Additional Sessions Judge (Court No. 7), Pilibhit in Sessions Trial No. 569 of 1996. Whereby the appellant-accused Krishna Kumar @ Pappu has been convicted under Section 302, 364, 394, 201, I. P. C. in Crime No. 259/94 of P. S. Madho Tanda, District Pilibhit and has been sentenced to death under Section 302 I. P. C. , but no order of sentence for the offences punishable under Section 394, 364 and 201 I. P. C has not been recorded.
(2.) REFERENCE for confirmation of sentence of death has been sent by the learned Court below under provisions of Section 366 Cr. P. C. Alongwith the appellant, one other accused Mahesh Kumar Verma was also tried in the said Sessions Trial but he has been acquitted of the offences with which he was charged. No appeal has been preferred against his acquittal. The case of the prosecution as appearing from the First Information Report (Ext. Ka-4) and statements of witnesses, in brief, is that the complainant Mahesh Kumar Venna S/o late Shri Krishna resident of Village Kali Nagar, P. S. Madhotanda, District Pilibhit had gone to attend a marriage ceremony on 15-12- 1994 at Puranpur. In the morning at about 4. 30 a. m. on 16-12-1994, Virendra Kumar Pandey and Krishna Kumar @ Pappu (Appellant herein) came to Puranpur and informed the complainant that his wife Smt. Chaina Devi and his father Shri Krishna have been murdered by some unknown miscreants and their dead bodies have been burnt. It was also told that there was sound of crackers in front of the house. On this information, the complainant Mahesh Kumar Verma came to his house and saw the burnt dead bodies of his wife and father, which were kept on the cots in courtyard. Kumari Aarti, aged about 8 years, daughter of complainant was not found there and she was carried by the miscreants with them. It is further alleged in the F. I. R. that 20 kg. Silver ornaments, 200 gms. Gold ornaments and Rs. 25,000/- (Rupees twenty five thousand only) were also looted by the miscreants. Further case of the prosecution is that the appellant Krishna Kumar @ Pappu was apprehended by the police on 17-12-1994 and at his instance looted property in part was recovered and dead-body of Kumari Aarti was also recovered at his instance from a well.
(3.) A written report was got described by Mahesh Kumar Verma from Naresh Chandra Verma, which was made over at P. S. Madhotanda on 17-12-1994. On the basis of that written report, Chik F. I. R. (Ext. Ka-4) was prepared by the then H. M. Santosh Kumar Gupta (P. W. 5) and case under Section 394/364/302/201 I. P. C. was registered against unknown persons at Crime No. 259 of 1994, entries of which were made in the G. D. at serial No. 4 at 5. 55 a. m. , copy whereof is Ext. Ka-5. After lodging of the F. I. R. , investigation was started. Inquest on the dead-body of deceased Shri Krishna was conducted on 17-12-1994 from 9. 15 a. m. to 10. 15 a. m. and inquest report (Ext. Ka-15) was prepared alongwith other connected papers. Thereafter inquest on the dead-body of deceased Smt. Chaina Devi was prepared from 10. 15 a. m. to 11. 30 a. m. and inquest report (Ext. Ka-16) and other connected papers were prepared. Thereafter, both the dead bodies were sent to Mortuary, Pilibhit for post-mortem.;